Rear-Ended Without Experience ... Uber Driver

Sep 13, 2016

  1. mactube
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    mactube Expert

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    I got rear ended by a vehicle with alot of speed while driving for uber. ( California )
    Thanks be to God I only have minor injuries.

    Even though the other car drove into my car from behind ( I think by law he is partly at fault because you always have to have enough distance to the car in front of you to be able to break early enough to avoid an accident ) I feel that it was my fault, because I have not safely switched the lane.

    I know that while I'm on the way to pick up a passenger Uber's insurance is responsible.
    My question is, would I be able to claim a compensation for earning losses for this week ?
     
    mactube, Sep 13, 2016
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  2. Josh
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    Josh Retired Agent, Current List Broker

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    If the other party is liable then they should cover some type of loss of income. Now, if you're saying you had an unsafe lane change and basically pulled out in front of them, you could very well be liable. Sounds like the Uber driver has at least one passenger that witnessed the whole thing. Depending on where it hit the vehicle you might very well be found at fault as well.

    Do you have an adjuster yet? Do you have any personal coverage?
     
    Josh, Sep 13, 2016
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  3. mactube
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    mactube Expert

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    @Josh thanks,
    If I'm liable, would my insurance ( user's insurance ) be responsible to pay for my personal injuries and loss of wages ?
     
    mactube, Sep 14, 2016
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  4. Josh
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    Josh Retired Agent, Current List Broker

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    Usually yes.
    .
     
    Josh, Sep 14, 2016
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  5. pfg1
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    pfg1 Guru

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    Who did the police assign fault to? I assume there had to be a police report on the type of accident you are describing. Whoever is at fault - that is where you go. I had a similar situation a while back, the other drivers covg covered my medical bills and lost wages.
     
    pfg1, Sep 15, 2016
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  6. mattupthehill
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    mattupthehill Expert

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    That would depend on Uber's policy. I would have them send you a copy of it and review the coverages to see if there are any medical payments coverage or loss of use coverage.
     
  7. goillini52
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    goillini52 MAGA...Eat More Bacon & BUILD THAT WALL!!!

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  8. MVI
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    From my experience the police do not assign fault. They just try to objectively state the facts on their report. The insurance companies review the report when its available and define liability. If there is a disagreement of liability between companies and/or parties then it can be sent to a third party arbitrator.
     
    MVI, Sep 29, 2016
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  9. goillini52
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    goillini52 MAGA...Eat More Bacon & BUILD THAT WALL!!!

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    If the police issue a ticket, are they assigning fault?:err:
     
  10. MVI
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    No necessarily, although I see what you are driving at.

    I've had many clients come into the office after an accident and say something like "well the officer said they (the other party) was definitely at fault etc etc". That very well may be the case, but the officers word & the report do not define fault. That is decided by the insurance companies. The report is currently taken into consideration. If not being the #1 deciding factor next to witnesses.

    I have seen that scenario play out where the parking lot accident is 50/50 fault because that is what the insurance companies decided on. ALTHOUGH the officer may have been telling the person the offer party is at fault. Doesn't matter.
     
    MVI, Sep 29, 2016
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